WILKES-BARRE — Jessica Alinsky’s murder trial hit a speed bump Monday morning when her defense attorney objected to jurors seeing a video shot while the accused killer was giving a voluntary lie detector test.
Luzerne County Judge Tina Polachek Gartley dismissed jurors for the day before any testimony began so prosecutors would have time to redact the bottom portion of the video, which shows wires from the polygraph test Alinsky was at the police barracks to take.
Alinsky, 32, a native of Shenandoah, is charged with killing boyfriend Matthew Ryan Gailie and making it look like he shot himself over money troubles. Jurors have heard testimony that Alinsky manipulated the crime scene and cleaned up before giving state police several different versions of what happened, including suicide and an accidental shooting.
The delay Monday came after prosecutors sought to play a video statement Alinsky gave troopers several days after the shooting in September 2011.
Jurors are not allowed to hear about the lie detector test, but defense attorney Demetrius Fannick said playing the video, even though it doesn’t depict the actual test, would be prejudicial because wires from the polygraph machine were visible on a table.
Gartley said the wires would be “unidentifiable” to a lay person, and Assistant District Attorney Daniel Zola said prosecutors planned to play only segments of the video to ensure jurors will not hear anything about the test.
Fannick countered, however, that playing only sections of the video would also prejudice jurors, who would be wondering what had been left out. He alleged prosecutors intentionally failed to redact the wires at the bottom of the shot.
“That’s absolutely ridiculous,” Zola said, noting that the defense has had the video from the beginning. “This is the first time I’m hearing this, judge.”
After going back to chambers to review the law, Gartley decided she wanted to view the entire 90-minute section of video prosecutors want to play for jurors before making a decision.
She dismissed jurors for the day and, after a short break, Zola announced he had contacted an expert who would be able to redact the wires before testimony resumes this morning.
Gartley instructed the prosecution to get her the video before the jury returns, no matter the time of day or night.
“I want to see and hear exactly what the jury will be seeing and hearing,” she said.
Testimony was scheduled to resume at 9 a.m. today.